Approved Code No. 223 Registry No. 1399-17

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY

DISTRIBUTING TRADE

AS APPROVED ON JANUARY 23, 1934

MEMBERWE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

- Price 5 cents For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - -
This publication ii for sale by the Superintcndent uf Documents, Government

Printing Office, Washington, I.C., :ad by district voices of the Bureau of

Foreign and I )(Inmstie Commeice.

DISTRICT OFFICES OF THE DEPARTMENT CF COMMERCE

Atlanta, (a.: 504 Post Office I'uilding.

Birmingham, Ala.: 257 Fcderal Builtling.

Boston, Mass.: 1501 Customhouse.

buffalo, N.Y. C"aml yr of Commerce Building.

Charleston, S.C.: Chamber of Commerce Building.

Chicago, Ill.: Suite 1706, 201 North Wells Street.

(,;e% eland, Ohio: Chamber of Comn erlu'e.

Dallas, Tex.: Chamber of Commerce Building.

11 roit. Mich.: 1 First Nat ioni l Ba ik I uildig.

Houston, Tex. Chamber of Commerce Building.

India napolis, Ind. Chanibor of Commerce Building.

Jackso ville, FlI. Chamber of Coimmerce Building.

Kansas City, Mo. 1028 Baltimore Avenue.

Los Angeles. Calif.: 1163 ouh BrontAw:y.

Louisville. Ky.: 408 Federal Building.

Memphis. Teni.: 229 FederAl Building.

Mimieapolis, Min:.: 213 Feorail P iliding.

New Orleaus. La.: Room 22.-A, Custeml house.

New York. N.Y.: 734 Custombause.

Norfolk, Va.: 406 East Plum Street.

PhJIio elphiii, Pa.: 4122 Coimint- -izl Tr~u t Elnilding.

Pittsburgh. Pa.: Clziniber of n1niret Builing.

I'ortland, Oreg. 215 New Post Olfice Building.

St. Louis. Mo.: 506 Olive Street.

San Fran.i ,io, C:litf.: 310 ('ust (fomlhouse.

Seattl , Wash.: 8W) Fc'deral Oflice BuiHing.
(Reprinted Code)

Approved Code No. 223 Registry No. 1399-17

ERRATA SHEET

CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING

TRADE

As Approved on January 23, 1934

Article IL paragraph 2, line 10, insert the word " rents " after the

word "sells ", so that the phrase reads as follows: who warehouses,

sells, rents, or distributes construction machinery * * *".

101440*-1385-42-34 u. S. GOVERNMENT PRINTING OFFICE: 1984
[)igitized by the Internet Arhive

in 201 1 with fundilng from

UJniverity of FLria, G0eorge A. Smath ers [ibraries with support from LYRALI and the Slan Foundation

http://w'wwar chive~org/'detilrr/codeoffair ;ompet9199ni t
Approved Code No. 223 Registry No. 1399-17

ERRATA SHEET

CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING TRADE

As Approved on January 23, 1934

Article II, 211d paragraph, 5th line, add the word " rents " after

" sells.-

Article VII, Section 2, 4th line, replace " which " by the word

A with."

Article VII. Section 3, 'Ard and 4th lines, replace the words

" pirchasers " by the woird - customers."

Article VII. Section 4, 3r iid ie. replace the word " sellers " by the

wOrd " distributors."

Article \II, Section G, delete evervthing starting with the word

provided in the 5th line to and including the words ". such

machinery " in the 10th line.

1050:V 1285-137-- 35

U.S. GOVERNMENT PRINTING OFFICE: 1'35

Approved Code No. 223

CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING

TRADE

As Approved on January 23, 1934

ORDER

APPROVING CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING

TRADE

An application having been duly made pur -uant to and in full

compliance with the provisions of Title I of the National Industrial

Recovery Act, approved June 16, 1933, for approval of a Code

of Fair Competition for the Construction Machinery Distributing

Trade, and hearings having been duly held thereon and the annexed

report on said Code, containing findings with respect thereto, having

been made and directed to the President:

NOW, THEREFORE, on behalf of the President of the United

States, I, Hugh S. Johnson, Administrator for Industrial Recovery,

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. (543-A, dated December 30.

1933, and otherwise; do hereby incorporate by reference said

annexed report and do find that said Code complies in all respects

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and (To hereby order that said Code

of Fair Competition be and it is hereby approved.

HUGh S. JOhNSON.

Adminisftator for Indlustial Re(oveiey.

Approval Recommended:

MALCOLM MUIR,

Division Adm.1.ansrator.

WASIINGTON, D.C.,

January 23, 1934.

35367-313-112-34 (369)
The PRESIDENT,

T he W ITe Hous.

Sir: Ths is a report on the Code of Fair Competition for the

Construction iMachinery Distributing Trade in the united States,

as revised after a Public Hearing, Conducted in WAVashington on

October 9, 1933, iM accordaiice with the provisions of the National

Industrial Recovery Act.

PROViSiONS FOR wAGES AND HOURS

A maximum work week of forty (40) hours, and nlot to exceed

eight (8) hours per day is adopted under the Code, with provisloio

for peak periods of forty-eight (48) hours per week for not more

than three (3) weeks of any six (() months' period. Exectitives

receiving more than thirty-five (35)' dollars peri week and outside

salesmen are excepted from the schedule of maxim umn hours, while

outside service employees, tlose engaged in plant nainitenace, and

stock room em plovees may work a maximum of fortv-eigh'bt (48)

hours per week with paymnelit of time and one-third for all hours

worked in excess of forty (40) hours per week. WatclmUnen may not

work more than fifty-six (56) hours in any one (1) week, nor more

tlian six (6) days in any seven (7) day perio(l.

The minimnmn wage for all horly rated employees will be not

less than forty (40) cents per hour, except that learners may be paid

at the rate of not less than eighty (80) percent of this minimum wage

for the first six (6) months of their employmnt. The number of

such learners shall not exceed five (5) percent of the total employees.

Clerical employees will be paid at the rate of not less thani fifteen

(15) dollars per week, while office boys will be paid at not less than

eighty (80) percent of this rate.

The Code has a provision for equitable adjustment of all pay

schedules in excess of the minimum provided.

CHILD LABOR

Tlie mininmimm age of employees will be sixteen (16) years, except

in hazardous occpatiois, where the minimun is raised to eightemn

(18) years.

V NtKII EFFECT OF T[E (TH E

Ths flrt\ (-) hiur vc'k ltipulattd in lth (' e is a ru in

fma t()rI)Ie ak\'trag'Y Of tifty' ('50) hours, and the Trade cimaIKV

IlhaIt uroler the C. ode tiimip iimei will e i'crcascd approxIiImAely

Ii ft een (15) p)'erift

Mininun wage rtes spe Ifi ( rpres'ent zin increase of proi

itithiv twelve (12) perl'nt ()\-or the w!e' prevailing b oe the

adopt in of t h(Il nh v >'Ie Ualled for in this C de.

Thn th lnh 11e red arni Q) hty ( ) ccmpai t in tl. Tr: he CIIply iliv th :tit ('000) m9 :" i 9: ; thiiis miiibhi'r declined to

(:7')
371

four thousand five hundred (4.500) in 1932, a drop of ten (10) percent. Sales during this period declined to twenty-one (21) percent

of the 1929 figure.

This Trade distributes road( machineryN, and other classes of cofnstruction machinery and equipment. Activity in the Trade necessarily follows the building programs of the country and the Trade

has suffered severely because of the lack of buildHing during the last

four years. A realization of the expected increase in construction

activity will mean a rapid rise in employment in this Trade.

FINDINGS

The Deputy Administrator in his final report to me on said Code

having founl as herein set forth and on the basis of all the proceedings in this matter;

I find that:

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose o.f cooperative action among the trade groups,

by inducing and maintaining united action of labor and manazement under adequate governmental sanctions and supervision. by

eliminating unfair comJnpetitive practices. by promoting the fullest

Possible utilization of the present productive capacity of industries,

by avoiding undue restriction of production (except as may be temnporariL required), by increasing . the consmiu ll pt ion of industrial and

agricultural products thronugh increasing purchasing Power, by

reducin- and relieving unemiployment, by inmproving standards of

labor, and by otherwise rehabilitatingY industry.

(b) Said Trade normally employs not nore than 50,000 employees; and is not classifie( by tie as a major industry.

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and

Subsection (b) of Section 10 thereof ; and that the applicant association is a trade association truly representative of the aforesaid

Trade; and that said association imposes no inequitable restrictions

on adiiss ion to membership therein.

(d) The Code is not designed to and will not permit monopolies

or monopolistic practices.

(e) The Code is not designed to and will not eliminate or oppress

small enterprises and will not operate to discriminate against them.

(f) Those engaged in other steps of the economic process have not

been deprived of the right to be heard prior to approval of said

Code.

For these reasons, this (ode has been approved by me.

Respectfully,

HUGH S. JoHNSoN,

Administrator.

JANUARY 23, 1934.
CODE OF FAIR COMPETITION

FOR THE

CONSTRUCTION MACHINERY DISTRIBUTING TRADE

ARTICLE I-PuInOSEs

To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Code of

Fair Competition for the Con.strwction Machinery Distributing

Trade and upon approval by the Presidcnt shall be the standard

of fair competition for such Trade and shall be binding upon every

member thereof.

ARriTiE II-DmVI11 Is

The termn "Construction Machinery", oras used

herein. shall include any mchinery, e(quipment, or attachments used

the instruction antane project, but not be n

a permanent part of the structure or of its operation.

The term "Construction Maehiinery Distributor", or "Distributor" , as used herein, shall include any person, other than a manufacturer, who warehouses. sl(lJ, or distributes construction machinery

as hereini above defined.

The term " Coistructioi Ma(hinerv Istributing Trade ", or

" Tade ". as herein, iles tsed distributors as herein above

d " ind.

The tcru - Member of the Trade a used herein includes anyone

eg0gi'ed *I ii ith Ira(lde "Is Omve defied either as an emplover or oli his

OwN I behltif.

Th tolIm Enmiployee as uev0d Ihrein includes anyone eng:aged in

the Tra(Ic in any cplIy( r cCiving' compelsation for his services, irresp.ective of the nature OP method of paymient of such collpelsa !tion.

Th1w te1r11 " Employer " '1as used hwrein 11 11icldes lnyonie by whom

any sin (11 employee s111 COM' 1s ted or employed.

The te I L1 ear l as n-ed 1 levcill iS I perSOn 118ving nm prleviols

exp1ri 11 llce the TraIde, Ind wh0e em uplomvimIt in the Trade as such

s1all int exceed d ix (6) months.

The tel 1" - President , 'Act ", 11 'Ad(m1iistrator ", as Lsed

ereill, shall muai respectivel y, the President of the United States,

tho N:tional In'0strii Recnvc'v Act. ani the Adinist ator of

T it](, 1 (J the said \ct.

T (l] rm " Ei'1tive DIate " a112 4d helinll eslls the second Mon-

(d y v fter tlhe C(ode ll have "cin alipproved bv tho President of the

United Sthates.

(Gt2)
373

ARTICLE 111-hOURS

SE(CTIO 1. No employee, except as hereinafter provided, shall be

permitted to work in excess of eight. (8) lioriis per day or In excess

of forty (40) hours per week or in excess of six ((3) days in any one

week; provided, however, that (urig inventory anid other peak

periods, an employee may be permitted to work )ot in excess of fortyeight (48) hours per week in any three (G3) weeks in any six (6)

month's period.

SEC. 2. The limitation as to hours of work shall not apply to persois in a managerial, executive, or supervisory capacity, who receive

more than thirty-five (35) dollars per week, and outside salesmen.

Watchnw shall not be permitted to wAork ill excess of fifty-six

(5() hours per week nor in excess of six ((3) days in any seven (7)

day period.

SEC. 3. Te limitation as to hours of work shall not apply to

persons engaged in outside delivery service, plant maintenance, outside repair, and/or installation service, nor to persons engaged iM

stock receiving and shipping service. who shall Ibe permitted to work

not in excess of forty-eight (48) hours in any one week, provided

time and one-third is paid for all hours worhed 1 in excess of forty

(40) hours per week.

SEC. 4. The total number of hours which shall be worked by any

employee whether with one or moire employers. i-hall not, exceeld the

maximum as pre cribed herein.

AIMCLE I \-WAOES

SEcTION 1. The minimum wage that miaV be paid by any employer

to any employee, except as hereinafter provided. shall be not less

than forty (40) cents per hour; provided, however, that learners

may be paid at a rate of not less than eighty (80) percent of the

above minimum rate;

Provided, further, that the number of learners receiving less than

such minimum rate shall not exceed five (5) percent of the total

number of employees of any one employer covered by this section;

except in cases where the total number of such emplovees is less than

twenty (20), not more than one such learner may be thus employed.

SEC. 2. The minimum wage that may be paid by any employer to

all clerical employees and salesmen (whether employed on a salary

or commission basis) shall be at a rate of not less than fifteen (15)

dollars per week;

Provided, however, that office boys and girls may be paid at a

rate of not less than eighty (80) percent of such minmun wage;

Provided, further, that the number of such office boys and girls

shall not exceed five (5) percent of the total number of employees

of any one employer covered by this section; except in cases where

the total number of such employees is less than twenty (20), not

more than one such office boy or girl may be thus employed.

SEC. 3. No employee whose normal full-time weekly hours for the

four (4) weeks ending June 30, 1933, are reduced by less than twenty

(20) percent, shall have his or her full-time weekly earnings re-
4U3 11 S 11AMO 0 (tit :4-1XI)-. 1)11 p)I ll I k p)1 Olp pilj 111P 1 

01 ~pd 0-1 l -o p O.) ajU() 

11 \ jT il" AO 'ill 01)))) 

Tl; O siL 0,01 0 1 T11 J 1i. I- I T11 .AO S .10 -1111) 40.10 -113)0 i :,-:m 

tdli) mouii ITOmI S_01011td10)s144111 3 .0XjiJ t ip opll ~V~mt 

47111;[171 T 71 13,Iiu A '1 2'1 S1411 

oa uT 1 pLI11 to~i~ 1111 4>0.1 111314.1Hp1 S~d~fIUOHOS~~idl~d 

)11- )11I uM 0J)Ii)ifl 111 vj a il T~ 1 1 4 1111 -jjk ) lt 1' ~j ,O 

201211111( 1 j 4101.61dfljo -1oi4po ul0 TdluiUm) J -Imam 

1A014UV4 01314 Jtl Ajdv)I I M[H011 tJII U 5.11011 .1O~13~JO 

1111 3 t)1 li 1t) () !0ll j 4UOIIIj1T 04U m U111 1.)aU ldu 111111AT 

'1 .711' j7111 D) , ) 0111OU 1 ! ll p ao3 ail! o.1(1in 4 4 tIjo71

Juo'u~)417I 4 -11 [itd10 JO tj.)WV {IJS0.1td0 SAT1 J TI 

I11 Ui4 UOJO '41<40.1 Ii~ .1l0( 11034.) So) S40AVojd11i so 0 T 1M 0 O.JI 'ItIII 

ddl1IO11Aft1}XjQ 0i140 JO 4l11 HuxO' x'ulsou143 puru 11ItsI 

,OOI(11 0 4 014 Odtl ~il .01 

p.)ij(1 upim' 411) -. mid . l10 51r o4 .113 4 o'I 11m14z 0A1314 ) Iji; ol P,1.12 

()4 )II hfIII 1II' Ajj 4.. 7V 3 IO~ .2,).AO1 iV'V11 (1 'TTIOO0 P -110."OI 

Oj)JUZUT S11 Ili 041111i JO. 114401) 11311u 131 

I '43l 21 oo11~.2). jt Sl; 

~ ~tt 1 If!.14 O'di [1011 OtioAUU 10411.411111 jl ) t~a ~4130A JO 

'1_ 101( 110 M''Vk ~.1111 t',N-'M SV V3 .1011,113)1 TI O14 -T)131 .104 

)-:Olpx notj 0413 vu po.2)1lJ) 111 pO~.0X) ail{ plus~tN~ (()F) qu@310d 

)03110 0111A e),klXi~A1IUJ (7. *4110340( 11v .01110 s0a0Jod110 

p))11 At( X4414j 1') 4U0).1.t)d(l Jf1KW- IOU1 IdA131f '-Il .10 .101[ PIVS 111d.11 4 S 

-t;<,v1 _11V mol~ d o0.2o)j p!Vs 0111-jpjlI ApjaaAi~ 5111014 OJI] -0.1 

tic
Distributors; members of the Trade who awt to twt (e 'ut iui:re

not members of the As oriated Eqjuipimeit D ibt mny. If they

desire, elect two additional mwmberi of -aid \Lnority i an

fair mtaniner approved vY tle Adlliniht rato. T1e 1 b1iwi-trator

ma1;y 11l-o appoint one( 1to three,( wadditil moed1 w il"iomt v,)tc. 0)

-erve as representatiVe- of the (iovermlitnit. Sh 2oVerimetal

1'cpresenitatives arc to 1we apjminited foi, term i0n i 0 lillwldlto one (1) year, aid i' more 1h:n (411 i. ppIf .dhi'V trmu- arm

to be irraniiud tiht they do not expiirt :a ti ame - ! ime. TIe

C-ode _Authiority siatl l ave authoi-tY to e blh honite nd

4tate, re-iohial. Or lotal olmittet,- wviii -uilciih lgt i wel> a>; it

i1nV lenin e1e1 a i.

EC. 3. (a) An Oen If the Trad oe in a Y Ix.o tiis a mlihmir of

the Asociated Equioinent Distributors anti there all 1w ill,) in-

(quitable re Arictioin oi such imemiber-hip.

(b) Any m1ebileri of tim Trade 1)Uy in ali IIIare the

beiiefits of the activities of the Code Authority anl participate in

the selection of the mm mbrs thereof to the sitae extent 'l i(ie imemibers of the Associated Equipment Distributors by assenting to and

complying with the requirements of tIl Code t >lI 1ustainiiin his

reasonable share of the expen-es of it, athlinijistrat ion. Such reaon-

.ible share of the expenses of admniistration shall he deteriiinited by

the Code Authority, subject to review by the A inistrator, on the

basis of volume of business and or sich other factors as may be

deemed equitable.

SEC. 4. Each trade or trade asociation directly or iiirectly participating in the election or activities of the Code Auth ority shall

(1) Impose no inequitable restrictions on membershi). and (2) submit to the Administrator true copies of its articles of a2sociation,

bylaws, regulations, and anY amMiellndllelts when made thereto, together with such other information as to membership. organization, and activities as the Administrator may deem necessary to effectuate

fhe purposes of the Act.

EC. 0. Ill order that th0 Code Authority shall at all ti!ies be truly

repre-entative of the Trade and in otierl respects comply with the

provisions of the Act, the Administrator may provide such hearings

as he may (leem proper; and thereafter if he shall finid that tie Code

Authority is not trulv representative or dons not in other respects

comply with the provisions of the Act, may require an appropriate

modification in the method of selection of the Code Authority.

SEC. 6. The Code Authority may require members of the Trade to

make reports oi such forms and in such manner a, may be necessary

properly to inform the President of the United States with respect

to the observance of the Code, and to make recoinnieldatlonl- to the

Admini trator for modification of the Code.

In addition to information required to be submitted to the Code

Authority, there shall be furnished to government agencin2 - weh statistical information as the Administrator may deem nece-ary for

the purpose recited in Section 3 (a) of the National Indii-triah Recoverv Act.

SEC. 7. The Code Authority shall study tie trade-practice provisions of this Code and the operation thereof and shall make any
376

recommendations from time to time to the Administrator 

deems desirable for modification or addition thereto.

SEC. 8. Any action taken by the Code Authority shall be 

to the right of the Administrator on review to approve or di

such action.

ARTICLE II-TRADE PRACTICES

The following practices constitute fair methods of com

and are prohibited:

SECTION 1. Inducing or attempting to induce a breach of 

to which a member of the Trade is a party.

SEC. 2. Enticing or attempting to entice the officers or em

of a, competitor to violate their contract of employment; p

however, that nothing in this Section 2 shall prevent an e

from ellploying the employees of another employer.

SEC. 3. Paying or allowing secret rebates, refunds, unear

counts or credit, either in the form of money or other

secretly extending to certain purchasers special services or p

not extended to all purchasers on like terms or conditions.

SEC. 4. Paying or agreeing to pay, directly or indirectly

missioil or consideration of any kind, except to persons r

employed in the seller's organization or to regularly es

subdealers; provided, however, that nothing in this Section 

be construed to prevent the allowance of discounts to custo

prescribed in the seller's published price lists and discount 

SEC. 5. Accepting or offering to accept used machinery o

ments, used equipment, or other property in trade on the 

price of new machinery or attachments, or allowing or 

credit, directly or indirectly, therefor; provided, howev

nothing herein contained shall be construed to prevent a me

the Trade from purchasing used machinery or equipment 

property as a separate and independent transaction.

SEC. (). Selling below list price. No member of the Tra

sell or offer to sell any new standard machinery, attachm

equipment at a price lower or on terms more favorable 

stated in his published price lists, or price lists with discoun

if any, filed in accordance with Article IX; provided, howe

dama g(ed obsolete, noncurrent, and distress construction ma

attachments, or equipment may be sold at such prices as are n

to move the goods into buyers' hands, but only after filing 

Code Authority at least ten (10) days in advance of such s

showing the quantity and description of such machinery.

SEC. 7. Quoting a lump-sum price on two or more pieces o

ment wbhicli does not show unit prices, or making addi

deductions SEC. 8. Making on any other or offeriiig basis than the unit prices shown. the provided, as written tion, except SEC. to purchaser, material 9. guarantee Acceptinig however, such wiich amnd orders of that workmaniship time orders conditions after as manfacturer are for sixty to contingent future shall make more (60) be any of delivery liberal clearly days such upon guarantee from machinery. than stated conditions subject date the on in to of pr

mth
377

competitior shall be estoppeld under ' eetimi 1 of this Artic

from attelnpting to -.ell the purlihaner it-hiiwerv in 1;e11 

COVreId )v suih cont 1.ent order.

SEC. 10.' Mi-irepresenting,( the? facts abolit 't c( mpetitor or th

which he >ells.

SEC. 11. AtiSrepre.-;eIItiIn2? the faets aboiit owi ;iispny 

goods which it sells.

SEC. I2. Quoting deliVOIrl prhOs or invoicing Juriha.r 

add i1i to the t.(.b. factory price, traii rta ti aw1(1 other c

and failing to state in (Ilotation. wI r fi 1h 1.t is to be rIIa

such prepaid freight will he cared as I :-epa til item amI

net cash.

SEC. 1;;. ( Gtiarateeint:- araiiv-t advance ani deeines in p

goods Sold.

SEC. 14. Allowvig more than iiiiiety (90) per';"''nt of the et 

prices as credit on returned goods when the distributor or 

turer is not at lault.

SEC. 15. Discrii1iiating between purchIa-ers bv renting n

chines or attachments at less than a reasonable rental price 

allowing any of the first two months" rental or more than eio'h

percent of rentals thereafter paid or aeerned to be applied a't 

payment or reduction of the 1i4 or net selling price on li

equipment where the transaction is later converted into a sale

SEC. 16. calling anew machine or attachinent subieet a. e- to 

ance after trial; provided, however, that this shall not 

making dl completing a sale objectt to p)er'Ifmane in c 

withi specific guarantees.

S E C. 17. Failing to require oi iinstallimient sales at lea4 twe

(25) percent cash payment before Ahipment or on delivery 

goods sold and the pay' -ment of the balance of the purl'-has

in monthly in-allment,. the fir-t inst allinent to be payable 

more than sixty (60) days from date of shipment, the List 

ment to be payable in not move thin twelve ( m12) months fro

of shipment. All intalent shall be evideeed by nowes 

date of shipment and bearin& interest at the rate of not le

six (6Y percent per annium fro, hte ()f shipment nutil paid. 

staliment note shall be extended or renewed in whole or 

except for actual inability of the purchaser to make paymen

understanding for renewal or extension of any instalhuent no

be made prior to the sale of the goods to the purchaser. III 

of government or polite; al subdivisions not less than t wenty-fi

percent cash paviient shall be inafle not later than the fir-4 

meeting of the purchasing body sub-equent to the date of d

the balance of the purchase price may be spread over a period 

more than twelve (12) nioniths from date of 511hipment and >

clude shipment fair Any trade intrest member to practices practices date of notf ARTICLE the as set less payment. set Trade forth than forth VIII-SCOpE in the six may in (6) Article elect Code percent to OF of VII be Fair CODE per governed of anmum this Competition Code by from eitor 
378

manufacturer or manufacturers of the goods which are sold 

member of the T I rade. Any member of the Trade shall b

sively presumed to have elected to be governed by the fair tr

tices of this Code unless he shall have filed notice of a con

tention with the Code Authority of this Code and the Code A

of the Code by the fair trade practices of which he elects t

erned. Such election iaV be changed at any time upon no

with the said Code Authorities. Provided, however, that 

trade practice provisions of Article VII of this Code sha

binding l1poni any member of the Trade with respect to th

sold by the ultimate pjirchaser in competition with other s

members of this Trade, unless and until such other seller

competitive machinery are brought within the scope of t

practice provisions of this or some other Code of Fair Com

ARTICLE IX-PULACITY OF PRICES

SECTION 1. Each member of the Trade shall within thi

da vs after the effective date of this Code file with the Code 

ity copies of his price lists, with discount sheets, if any, 

prices for all machinery. attachmiients, and e(quipient wh

member sells. Each member of the Trade shall at all tim

tai and file with the Code Authority price lists, with 

sheets, if any, showing prices of all of said machinery, atta

and equipment and shall not iake any change in said price

by filing notice of such price changes as hereinafter provide

SEC. 2. None of the prices shown in anY price lists, with 

sheets, if any. filed by any member of the Trade a herein p

shall be changed except by filing by such member of the 

new price lists, with discount sheets, if any. When any m

the Trade has so filed changes in or revisions of his puliblis

lists, with discount sheets, if any, any other member of th

mflav so file chances in 01* revisions of his published price li

discount sheets, if any, which, if filed prior to the date w

changes or revisions first filed become effective, shall become 

upon that (late.

SEC. 3. Each price list, with discount sheet, if any, shal

effective ten (10) days after the filing of such price list, 

count sheet, if any, with the Code Authority; provided, 

that the first price lists, with discount sheets, if any, filed 

member of the Trade as above provided, shall become eff

the date of filing thereof.

SEC. 4. The operation of the foregoing shall at all times b

to review and disapproval of the Administrator.

Under Ilade )r SEi viosions m odifv 'OIN subject Tit le of 1. a 1'of n\y TIhis Section to order, the said Code ARTICLE right Act 10 app and (b) awd of roval, of all the X-M(ODIFICATION sPecifically, the Act, the President, license, provisions from rule, but in time without thereof or accordance regiiIatioto time limitare 
379

the right of the President to canwcl or Imodify his approval 

Code or amY colditionls impIosed by him HI 1p)nI his applrova1 ther'eof

Six'. 2. This Code, except a - J)Iprois1n irequiir(d by t

may be iodified On the basis Of ex peiec 1 le or ciangu) es In cir(1c11111-

st anH Ces, 51 U 'smh modificatio1 to 1 based upon aMpplit (1 t

ininistritmr anid StiCi1 Iotice aid l1warii n g as l1 sl1all specify 

becOmle effe' tive wn Ipprov . yd t le PresiBdent.

ARTICLE IX tI--Mo o LiEiS

No provision of this Code shall be SO appliiid as to permit 

Oies r mono01, p1l0hiStic practices, or to eliminate, oppres, or d

nate against siaLIl enterprises.

ARTICLE XI I-EFFECTvE DATE OF TIIS CODE

Tlis Code shall become effective oil the second Monda

its approval by the President and shall be binding upon 

member of the Trade.

Approved Code No. 223.

Registry No. 1'199-17.

0


UNIVERSITY OF FLORIDA

3 1262 08582 9199